Registrars certify recount, giving DeTerra win by one vote

Thursday

Apr 25, 2013 at 10:45 AMApr 25, 2013 at 10:51 AM

The Board of Registrars certified Tuesday's recount of the Board of Health race Wednesday, giving incumbent Peter DeTerra the win by one vote. They did it only after lengthy discussion and reading of state law and with a great deal of urging by Town Counsel Thomas Crotty.

Peggy Aulisio

FAIRHAVEN - The Board of Registrars certified Tuesday's recount of the Board of Health race Wednesday, giving incumbent Peter DeTerra the win by one vote. They did it only after lengthy discussion and reading of state law and with a great deal of urging by Town Counsel Thomas Crotty.

Town Clerk Eileen Lowney, who also serves as a registrar, moved to certify the recount.

Ms. Lowney said they should accept Mr. Crotty's advice. "Town counsel is here to guide us," she said.

Ann DeNardis, who represents Board of Health candidate John Wethington, had presented a petition with questions and concerns about the way the election was conducted and the way the ballots were handled by the town clerk.

Ms. Lowney's office is under investigation by the state Elections Division for what it called "irregularities."Ms. DeNardis said the registrars shouldn't certify an election riddled with inconsistencies, such as vote totals for the recount not matching the count at some precincts.

Mr. Crotty said the registrars were there to certify the recount, not to rule on the entire election. With the dispute likely headed to Superior Court, he said they should leave it for a judge to decide the validity of the election.Mr. Crotty said, "You don't have the authority to call for a new election."

Ms. DeNardis told the registrars, "We obviously have a difference of interpretation in your role."

Mr. DeTerra's attorney, John Markey, said the volunteers "who work 13 hours at the polls are trying to do their best. We cannot expect that every number is going to match perfectly. At the end of the day, the best evidence is that Mr. DeTerra won."

Mr. Markey said the opponents were "trying to throw as much as they can against the wall trying to make something stick."

Among objections Ms. DeNardis raised Wednesday was the role Ms. Lowney was playing as town clerk and registrar. She said "in this situation" Ms. Lowney shouldn't be allowed to function as a registrar because she is "biased."

She also objected strongly when Mr. Crotty sat at the table with the registrars while urging them to certify the recount.

Ms. DeNardis also complained that one registrar, Tom Alden, was not in attendance Wednesday. Mr. Alden was unable to attend because of family health reasons, registrar Lorraine Medeiros said. He was at the recounts for the Planning Board Monday and Board of Health Tuesday. Wednesday's meeting was held to certify the results after Tuesday's recount ended late.